SECURE XVPN Terms of Service



By making use of Secure XVPN, also known as Secure X-VPN or XECURE VPN (“Secure XVPN”), a service offered by X-SYSTEMS B.V. (“the Company”), you agree to abide by the following Terms of Service. These Terms of Service cover all present and future features offered by your Secure XVPN account, individually and collectively referred to as the “Service”.




Users of the Service
This Service is provided exclusively to individuals who are at least 13 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account.
This Service is provided exclusively to persons. Accounts registered by “bots” or automated methods are not authorized and will be terminated, the amount paid per year will not be refunded.
Each user is solely responsible for all of his or her actions related to the use of the Service.




Usage Policy and Prohibited Activities
The Service cannot be used for activities prohibited by the Dutch law. To protect its services from being misused, abused or being used to harm someone, the Company enforces some rules which apply to every user equally, regardless of the type of subscription. You specifically agree not to use this Service for:

Accessing/sharing/downloading/uploading illegal content, including, but not limited to, child pornography or content perceived to be child pornography;
Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
Sending or transmitting unsolicited advertisements or content (“Spam”) over the Service, via e-mail or any other communication channel;
Attempting to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”);
Infringing upon or violating our intellectual property rights or the intellectual property rights of others;
Promoting illegal activities, or providing means for/helping other people commit illegal activities by providing instructional information;
The account of any user found involved in any of the aforementioned activities will be suspended immediately without notice. Additionally, you may be held responsible for any and all damages incurred by the Company, including any amounts charged by any outside entity due to said violation(s), including without limitation attorney’s fees and costs.




Limited Warranties and Liability
The Company does not make any warranty about the reliability of the Service and does not guarantee the security of user data despite best efforts. The Service is provided “as is” and you agree neither to hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.

The Company does not control, nor is responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the Service.

The Company will attempt to make the Service available at all times; however, VPN service coverage, speeds, server locations and quality may vary. The Company is not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks. The Company may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion.

The website(s) where Secure XVPN is explained may contain links to other websites of interest, and may name OpenVPN by OpenVPN and OpenVPN-NL by FoxI. This is not to harm any services provided by these companies. However, The Company is not responsible for the content of any website that it links to, and external sites are governed by their own Terms of Service and privacy policies.

The Company may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion terminate service without cause or notice.




Indemnification
You agree that the Company and any parents, subsidiaries, officers, employees, or third-party contractors cannot be held responsible for any third-party claim, demand, or damages, including reasonable attorneys’ fees, arising out of your use of this Service.




Privacy policy
Secure XVPN’s Privacy Policy explains the way the Company handles and protects your personal data and privacy in relation to your use of the Service of the Secure XVPN. By agreeing to the present Terms of Service and to be able to use the Service, you agree to our Privacy Policy.

How we use this personal data: Your email address is not shared with any third parties. We mainly use it for account-related questions, communication, and recovery. By signing up to our Service, you agree to receive communications from us, which may include promotional emails too. You can stop receiving emails from us by following the unsubscribe instructions included in every email we send.

We might also use your data for payment-related matters. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if you need to update payment details. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your credit card payments.

The information you provide when you contact our support team is processed for analytics purposes (such as to obtain aggregate statistics on the number of Android complaints), but they are not combined with any personal data. We do not do any targeted advertising or any profiling.

Right to Access, Rectification, Erasure, Portability, and right to lodge a complaint: Through the Service, you can directly access, edit, delete or export personal data processed by the Company in your use of the Service.

If your account has been suspended for a breach of our terms and conditions, and you would like to exercise the rights related to your personal data, you can make a request to our support team.




General terms of payment
The Company reserves the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities. Related to money back guarantees, you may cancel your account, we do not refund any services.




Subscriptions
By subscribing to the Service, you agree to become a subscriber for the period you have selected (such as 1 month or 1 year). All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription.

If you fail to fulfill your obligation of payment as a user of a paid account, the Company may suspend your account or delete it after an extended period of default.




Modifications to Terms of Service
Within the limits of applicable law, the Company reserves the right to review and change these Terms of Service at any time. You are responsible for regularly reviewing these Terms of Service. Continued use of the Service after such changes shall constitute your consent to such changes.

The Company reserves the right, at its absolute discretion, to modify the Service, for example by adding or removing certain functions of VPN servers or by updating the software.

The Company may, at its sole discretion, provide limited technical support, upgrades and updates for the Service. In order to enhance and further develop the Service, the Company may automatically download and install updates and upgrades from time to time. You, as a user, agree to receive such updates and upgrades as part of your use of the Service. The Company shall have no obligation to provide support or maintenance for the Services under this Agreement.




Data Security
We take data security very seriously. Only our employees have physical or other access to our infrastructure and Secure Core servers. Data is usually stored in encrypted format on our servers. Offline backups may be stored periodically, but these are also secured. We offer also an on-premise VPN infrastructure, the client is responsible for the physical security.




Disclosure of your information
We will only disclose the limited user data we possess when compelled by law for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. Foreign authorities’ data requests must be approved by competent Dutch authorities.




Applicable Law
These Terms of Service shall be governed in all respects by the substantive laws of the Netherlands.